ACLU challenges NJ over Occupy park protest rules

Thursday

Oct 27, 2011 at 12:01 AMOct 27, 2011 at 3:52 PM

The rules prohibit visitors from taking camping and picnicking items, such as coolers, chairs and tables, among other things. The state argued that such items have cluttered the memorial and that unattended belongings could pose a security risk to the Statehouse.

BETH DeFALCO

Occupy Wall Street protesters are suing the state over their freedom of speech, arguing that it's trying to silence them by limiting what items they take to a memorial outside the Statehouse.

On Wednesday, the American Civil Liberties Union of New Jersey, on behalf of the protesters, asked a state court judge to issue a temporary restraining order to stop police from enforcing rules issued by the Division of Veterans Affairs, which oversees the small World War II Memorial where a handful of Occupy New Jersey demonstrators have been set up since Oct. 6.

The rules prohibit visitors from taking camping and picnicking items, such as coolers, chairs and tables, among other things. The state argued that such items have cluttered the memorial and that unattended belongings could pose a security risk to the Statehouse.

Specifically, protesters have been told to take down a tent and tarps and to cart away big containers. After the state cut off electricity to a nearby outlet at the memorial, protesters brought in a generator to power their webcams and other electronics. Police then ordered the generator to be moved.

Some unclaimed items have been confiscated.

The ACLU says the state made up park rules after the protests began earlier this month.

"The whole tone is that they want to hamper this demonstration," ACLU attorney Bennet Zurofsky told Superior Court Judge Mary C. Jacobson. "The sense is that the rules were designed for this protest."

Zurofsky argued that occupation of the memorial was a protected form of speech because it's symbolic of the movement. That extended to a couch, which demonstrators brought one day before police told them to remove it.

Trenton resident Edward Anthony Salter, who has been a regular outside the Statehouse this month, admitted that bringing the couch wasn't a great idea.

"That was a dumb move," he said. "We got rid of the sofa the next day."

Assistant Attorney General Robert Loughy told the judge that the state was only ensuring that the park can be used by everyone and that the demonstrators don't damage it.

"Camping does not fall within the parameters of the First Amendment," Loughy said.

He said if authorities removed any signs from the protest site it wasn't because of their content.

"We're maintaining the aesthetics of the property for others who want to use it," he said. "The signs were aesthetically cluttering the facility."

Zurofsky said that demonstrators have been respectful and that no one has been blocked from viewing the facility.

The judge said Wednesday she would make a decision quickly but didn't set a firm time table.